推定与法律拟制具有结构和功能上相似的表象,对二者的比较往往依附于对推定或者拟制的研究之下,其结果就是对定性不明的部分法律条文各执一词,难有定论。相比于拟制而言,推定之下尚有重要的分类并呈现不同特征,建立先分类再比较的递进式方法,可以从下位概念入手研究,解决推定与法律拟制区分困难的问题。 Presumption and legal formulation have the structural and functionally similar appearance, the comparison of the two is often attached to the presumption or fiction of the study, the result is that some of the statutory provisions of the legal provisions of each spell, hard to determine . Compared with the proposed system, there are still important classification under the presumption and show different characteristics, the establishment of the first classification and then compare the progressive approach, you can start from the next concept of research to solve the presumption of law and legal difficulties in the distinction between the problem.